Delgamuukw

Definition of Delgamuukw

The Canada social science dictionary [1] provides the following meaning of Delgamuukw: A major case on Aboriginal rights decided by the Supreme Court of Canada in 1997. The court held that Aboriginal title to land was not extinguished by the establishment of sovereignty by the Crown. It also stated that Crown ownership of lands was a separate issue from jurisdiction over those lands. Where Aboriginal title to land was established by long term exclusive and continuous occupation the Crown may still infringe on aboriginal title for valid legislative objectives like settling foreign populations or for economic development. The Court specified that groups with Aboriginal title should be involved in the decision-making process regarding their lands. Depending on the nature of any proposed infringement fair compensation would normally be required.

Delgamuukw: Resources

Notes and References

• Drislane, R., & Parkinson, G. (2016). (Concept of) Delgamuukw. Online dictionary of the social sciences. Open University of Canada